The Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) Scheme 1993

Explanatory Note

(This note is not part of the Scheme)

This Scheme supersedes the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) Scheme 1969 as amended. It prescribes the varieties of trees, shrubs and woody climbers, which belong to the genera or species which are specified in column 1 of the Schedule, in respect of which grants of plant breeders' rights may be made and also prescribes the periods of years, which are specified in column 2 of the Schedule, as those during which the rights may be exercised.

The Plant Varieties and Seeds Act 1964, as read with this Scheme, provides that infringements of the rights in the registered name of a variety of tree, shrub or woody climber may be the subject of legal proceedings when committed in connection with the class of variety which is specified for that purpose in column 3 of the Schedule.

This Scheme also provides that a compulsory licence granted by the Controller of Plant Variety Rights in respect of a variety of tree, shrub or wood climber shall not have effect during the period of years, if any, specified for that purpose in column 4 of the Schedule.

Plant breeders' rights in respect of certain varieties of tree, shrub or woody climber to which the Scheme applies are extended, where so indicated in column 5 of the Schedule, to the production and propagation of the varieties for the purpose of selling cut blooms, foliage or stems.